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Jurisprudence 4th Edition

Jurisprudence 4th Edition

  • 作者:
  • 出版商: Clarus Press
  • ISBN: 9781911611769
  • Previous Edition ISBN: 9781905536849
  • 出版时间 September 2022
  • 规格: Paperback
  • 适应领域: Ireland ? 免责申明:
    Countri(es) stated herein are used as reference only
¥439.92
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  • 描述 
  • 大纲 
  • 详细

    Jurisprudence, Fourth Edition commences with a comprehensive and in-depth account of the three main sources of jurisprudence: classical jurisprudence, substantive jurisprudence and adjunctive jurisprudence.

    This book undertakes an in-depth analysis of the three main sources of jurisprudence: classical jurisprudence, substantive jurisprudence and adjunctive jurisprudence. Substantive jurisprudence as the primary source of jurisprudence is comprised of the modern theories of naturalism and positivism, the juristic theories of Ronald Dworkin and American legal theory. Adjunctive jurisprudence as a secondary source of jurisprudence is comprised of socio-legal theory and historico-legal theory save only insofar as those theories recognise law as a social or historical phenomenon.

    This book also introduces and develops a new analytical concept of jurisprudence called the concept of juristic practice. This new concept may be applied when undertaking jurisprudential analyses of legal systems.

    The study of jurisprudence lends reasoning power, not only to such broad questions such the validity of law and the relationship between law and morals but also to such particular questions, like the distinction between principles and rules of law and the legal weight given to each, and it is precisely because of this generality of scope and application that jurisprudence may be placed primus inter pares among the core law subjects.

  • PART ONE: CLASSICAL JURISPRUDENCE
    Classical Naturalism
    Classical Positivism
    PART TWO: SUBSTANTIVE JURISPRUDENCE
    Modern Natural Law
    The Internal Morality of Law
    A Theory of Rules
    A System of Norms
    Dworkin’s Juristic Theories
    American Legal Theory
    PART THREE: ADJUNCTIVE JURISPRUDENCE
    Sociological Interpretation of Legal Theory
    German and French Socio-Legal Theory
    Historico-Legal Interpretations of Legal Systems
    Historical Constitutions and Social Contracts
    The Evolution of Common Law and Equity in Ireland
    PART FOUR: THE CONCEPT OF JURISTIC PRACTICE
    The Concept of Juristic Practice
    Substantive Legal Principles and Adjunctive Rules
    Substantive Equitable and Contractual Principles and Adjunctive Rules
    Substantive and Evidential Principles of Construction
    Exercises in Interpretative Methodology
    The Effect of Legal Rules
    The Composition and Classification of Criminal Rules
    Criminal Law and Morality
    A Programme for the Re-Vitalisation of Equity

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